Yukon Information and Privacy Commissioner
Section 92 Request for Advice
- Can my clients or patients request their personal health information from me?
Yes. Your clients or your patients have the right to examine or receive a copy of their personal health information that is in your custody or control. They can make this request under HIPMA but they must make it in writing unless you agree otherwise.
If you receive an application that is incomplete, you are required to offer assistance to the client or patient in completing it. This includes asking for more details to identify the personal health information requested.
If, after having made a request under HIPMA, you don’t reply or the client or patient is not satisfied with your reply, they can file a complaint with our Office.
- How much time do I have to provide a response to a request for personal health information?
You are required to process the request within 30 days unless meeting that timeline would seriously interfere with your operations or you need to consult with someone about the request. You can take more time but no more than an additional 60 days. In that case, you must give the client or your patient reasons for the delay and let them know when they can expect a response. You must also inform them that they can make a complaint to our Office.
If you do not respond to a request within the time limit, this is considered as a refusal to provide the information and the client or patient can file a complaint with us.
- Can I charge a fee for providing access to personal health information?
Yes. You may charge $9 for each 15 minutes spent processing an access to personal health information request made by an individual. However, HIPMA restricts you from charging this fee to the individual for the first two hours each calendar year.
You may charge $0.25 for each photocopy you make or the actual cost of using another medium, such as a removable storage device, on which you provide a copy. You may also charge the actual cost of shipping the records to the person who requested them. You must provide an estimate of the fees if you are requested to do so.
You cannot charge for a record containing information about who has accessed personal health information that you have stored in an electronic information system. This record is referred to in HIPMA as a ‘record of user activity’.
You cannot charge for transferring an individual’s personal health information to a new health care provider who performs substantially similar functions as you if it is reasonable to expect you will no longer be providing health care to this individual.